West Virginia Marijuana Law
Updated July 29, 2024
Current Status: Medical Marijuana Only
West Virginia currently only allows for the use of medical marijuana by patients who have a qualifying medical condition and have registered with the state's Medical Cannabis Program. Possession, cultivation, and sale of marijuana for recreational purposes are still illegal in the state.
Public Consumption Laws
West Virginia has strict laws against the public consumption of marijuana. It is illegal to use marijuana in any public place, including parks, sidewalks, and vehicles. Violations can result in fines and even jail time.
Cannabis DUI Laws
Driving under the influence of marijuana is illegal in West Virginia. If a driver has any amount of THC, the psychoactive ingredient in marijuana, in their system while operating a vehicle, they can be charged with a DUI. It is important to note that even if an individual has a medical marijuana card, they are still subject to these laws and can face penalties for driving under the influence.
Cultivation Laws
The cultivation of marijuana for personal or recreational use is illegal in West Virginia. Only licensed medical marijuana growers are allowed to cultivate and harvest marijuana plants. Individuals caught cultivating marijuana without a license can face criminal charges.
Possession Laws
Possession of any amount of marijuana for recreational purposes is illegal in West Virginia. Possession of marijuana could be considered a misdemeanor or a felony depending on the amount.
Brief Legislative History
- In 2017, West Virginia passed the Medical Cannabis Act, legalizing medical marijuana for qualifying patients.
- The state began issuing medical marijuana cards in 2020 and dispensaries opened in 2021.
- Attempts to legalize recreational marijuana have been made but have not yet been successful.
*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.